Organização Mundial do Comércio: entre a liberalização do comércio e o fomento ao desenvolvimento

Abstract

The emergence of a multilateral trading system after the completion of the Uruguay Round, is indicative of the importance of regulation of international trade both for world policy and economy. This work historically contextualizes the emergence of this system, and presents the rules that currently govern its operation. Then, it analyzes the merits of the establishment of the World Trade Organization (WTO), in the light of the theory of economic liberalism, law and development theory and a conciliatory theory. It investigates whether and to what extent the legal obligations imposed by the WTO restrict the ability of its Members to adopt economic development policies. It argues that, despite the existence of stricter rules, there is considerable flexibility in the implementation of such policies. Special attention is given to the evolution of the content and scope of these rules. In particular, it looks at how the adoption of internal policies geared to human and institutional capacity building can help fostering a more assertive participation in the multilateral trading system. In particular, it shows how strategic litigation can influence the construction of the meaning of the rules. Then, this work presents a comparative analysis of the performance of the Peoples the Peoples Republic of China (China) and the Republic of Brazil (Brazil) before the WTO and its dispute settlement system. Finally, it concludes that, although the rules of the multilateral trading system administered by the WTO are apparently more restrictive than the previous system, the adoption of specific policies, as strategic lawyering, can function as a mechanism to advance a Members trade interests internationally.